Reliable Machine Works v. Unger
Reliable Machine Works v. Unger
Opinion of the Court
This is a motion by the defendants which, among other things, seeks an order dismissing the complaint or, in the alternative, an order granting summary judgment upon two grounds set forth in the motion papers. So much of this motion as seeks this relief is denied.
• Defendants, in the alternative, seek an order compelling the plaintiff to separately state and number its cause of action so as to allege in separate causes of action any claims that it may have against the defendants (1) for patent infringement, (2) for breach of the contract, a copy of which is annexed to the complaint, and (3) for violation of a consent judgment entered in this Court, a copy of which is annexed to the complaint.
The complaint is inartistieally drawn. It is not clear whether it seeks damages solely for patent infringement or whether it also seeks relief for alleged violation of the consent judgment and damages for breach of contract. If it seeks
So much of the motion as seeks an order directing the plaintiff to serve an amended complaint in which it will separately state and number its causes of action is granted.
So much of the motion as seeks to compel plaintiff to make a more definite statement of allegations in the complaint is denied.
So ordered.
Reference
- Full Case Name
- RELIABLE MACHINE WORKS v. UNGER
- Status
- Published